James H. Wilson Jr.'s answer The starting point for service of process in divorce cases is Virginia Code Section 20-99. The primary consideration in service for divorce cases is the relief sought. Under the concept of divisible divorce, a marriage consists of two components - a legal relationship or res, and property rights stemming from that legal relationship. The res or marital relationship follows each spouse wherever they go. If the spouse satisfies the residency requirements for the state, he or she can terminate...
Answered on Apr 18, 2019
Vincent J. Bernabei's answer The 2018 transaction does not void the divorce judgment. Your former spouse complied with the divorce judgment by refinancing the car debt in 2018. You effectively co-signed for a legal stranger, since you were under no legal obligation to do so. You may have some options, but you should contact an attorney to discuss the specifics of your case, including the express terms of your divorce judgment.
Brent T. Geers' answer Sentenced as in a criminal case? Not unless he was caught and charged with soliciting a prostitute or something like that. The police and prosecutors do not charge people criminally for cheating.
Bennett James Wills' answer If you file for divorce it is possible to obtain a divorce even though the spouse does not want one. You may have grounds to gain custody of a biological child. If you are attempting to get custody over a non-biological child you'll run into some problems. Consult with a local attorney to discuss and determine the best and appropriate action for your circumstances.
Bennett James Wills' answer You could try to do the divorce yourself with pro se forms provided online at http://tncourts.gov/help-center/court-approved-divorce-forms. It's usually recommended you get an attorney. The issue you seem to have is that you do not know where your spouse is located - and that's going to be an issue. You need to know where he is so you can serve him with the paperwork you file in court.
Answered on Apr 17, 2019
Philip Allan Logan Esq's answer As to the choices your given, I'd pick #2, but you need to specifiy that it is premarital and separate property belonging to one of you. "Filling in the blanks" is not the best way of drafting a complete and thorough separation agreement. You really should retain an attorney to represent you or at the very least draft it for you.
Clarissa Finnell's answer All property owned at the time you file for divorce is included in the marital estate. It is included no matter how it is titled or when it was purchased. When dividing marital assets the court can consider value of assets brought into the marriage. There are many factors that may impact how the marital estate may be divided. I recommend that you consult an attorney who practices family law to discuss what factors may apply in your particular case.
Andy Cook's answer I need more information. Where was the divorce filed, or has it been filed. You mention "divorce agreements" but I'm not sure what that means. How long have you been married and when did you start the 401K?
Lydia Seifner's answer Typically property bought prior to marriage is considered non-marital property. However, property that is used for martial purposes can become joint marital property. If the house was bought for the marriage, If you name is on the title of the house, or you made all the payments since marriage; then you have a claim to the house being considered martial property. Talk to an attorney local to you to assist you.
Amanda Bowden Houser's answer You can potentially do it yourself somewhat for free if you are indigent and your local court provides a divorce forms packet. It is extremely difficult and confusing for most people and most basically end up wasting their time and some money trying to do it themselves. We can provide personalized divorce forms that you pretty much just sign & submit for $95 but if you can scrape together $395 there is no question having us do things for you is best. Visit our site at: easyncdivorce.com to...
Marilyn Johnson's answer You need to check your divorce file at the Clerk of Court's office to find out exactly what is pending in your case. You have a short marriage so if there is any maintenance owed by either you or your spouse it should probably be for a short period of time unless you are referring to child support. Your poor health is a factor that the court will consider among many others.
Matthew Podolsky's answer Generally, if alimony is waived and the final judgment has been entered alimony should not be awarded. Further, if the final judgment was entered over a year ago the options to reopen the case would be limited.
If your ex-spouse is not complying with the terms of the Marital Settlement Agreement, you may have grounds to file a motion for contempt. Additionally, your ex may be sanctioned and have to pay your legal fees if the motion for contempt is granted.
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